Is a negative review defamation?
Almost never. The line sits between a false statement of fact and an opinion, and most reviews land firmly on the wrong side of it.
A negative review is defamatory only if it states a false fact, presented as fact, that causes harm. Opinions are not defamatory however harsh. "The food was disgusting and the staff were rude" is opinion. "They served me expired meat and were fined by the health department" is a factual claim that is actionable if false. Most reviews are the former.
The fact-opinion line, which decides almost everything
Defamation requires a statement of fact capable of being proven true or false. Subjective judgement, however brutal, is protected.
The test that works in practice: could a court determine whether this is true with evidence? "Worst dentist in the state" cannot be tested and is opinion. "He operated without a licence" can be tested and is a factual claim.
- Opinion, not actionable: rude, overpriced, incompetent, a waste of money, would not recommend.
- Fact, potentially actionable: was fined, is unlicensed, stole from me, was charged with a crime, has been sued for this before.
- The trap: a false fact wrapped in opinion language. "In my opinion he committed fraud" is still an assertion of fact in most jurisdictions.
Saying "in my opinion" before a factual accusation does not convert it into an opinion.
The other elements people forget
Falsity is only the first requirement. The statement must generally be published to a third party, be about an identifiable person or business, cause harm, and be made with the required level of fault, which is higher for public figures than for private individuals.
Truth is a complete defence. If the statement is accurate, it does not matter how damaging it is.
Why suing is usually the wrong tool anyway
Even where a claim is viable, litigation is slow, expensive, public and it republishes the allegation into court records and press coverage. The Streisand effect is not a theory; it is the most common outcome of an aggressive response to a small item.
This is why platform routes come first, and why a legal step is a considered decision with counsel rather than a reflex. See cease and desist letters for online defamation for the step before litigation.
Common questions
Can a business sue for defamation?
Businesses can generally bring claims for false statements damaging their commercial reputation, sometimes framed as trade libel or product disparagement, with the specifics varying by state.
What if the reviewer was never a customer?
That strengthens both a platform report and any legal claim, because a fabricated account of an experience that never happened is a false statement of fact.
Does an anonymous review change anything?
The claim can still exist, but you must identify the author to pursue it, which requires a separate legal process.
Find out if it can come down.
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Working through this for a business? See Reputation management for attorneys.